DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s Arguments
Applicant argues that claims 1-7, 9, and 13-21 stand rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Publication No. 2022/0244076 to Karlgaard et al. ("Karlgaard"). The presently claimed invention comprises a monitoring unit that is connected to and positioned between an electric service meter and a structure's panel assembly. The monitoring unit comprises a means for electrical coupling to the panel assembly and a means for electronically coupling to the electric service meter.
Karlgaard does not disclose, either expressly or inherently, the claimed monitoring unit as a device that is separate and distinct from an existing electric service meter and configured to be installed between an already-installed meter and a structure's panel assembly. Rather, as shown in Fig. 1 and described at paragraph [0031], reference numeral 106 in Karlgaard denotes the electric service meter itself, which is part of the original metering infrastructure. The Examiner's reliance on meter 106 therefore conflates the claimed monitoring unit with the electric service meter of Karlgaard. In contrast, claim 1 requires a monitoring unit that is a distinct apparatus having first and second coupling interfaces, such that the monitoring unit is positioned between the panel assembly and an existing electric service meter without replacing that meter. Indeed, Karlgaard is directed to a system in which the metering functionality is integrated into, or requires replacement of, the existing electric service meter, rather than the attachment of a separate, add-on monitoring device to an already-installed meter as claimed. Nowhere does Karlgaard disclose or suggest a monitoring unit that is electrically disposed between an existing meter and a panel assembly while leaving the existing meter intact and in place.
Examiner’s Response
Applicant argues above that the Karlgaard reference fails to disclose a monitoring unit that is separate and distinct from the electric service meter and positioned between the meter and panel assembly without replacing the meter. Applicant further asserts that the Examiner improperly equates Kargaard’s meter 106 with the claimed monitoring unit. These arguments are not persuasive.
Karlgaard discloses a meter-based monitoring system that is electrically coupled within the service infrastructure between the utility supply and downstream load/panel components (see e.g. para 0031, Fig. 1). While applicant characterizes element 106 as merely the “electric service meter,” Karlgaard teaches a system that performs monitoring functions at the meter interface, including sensing and communication of electrical parameters. The claimed “monitoring unit” is not limited to a physically separate housing, but rather broadly encompasses structure configured to monitor and couple between the meter and panel, which is met by Karlgaard’s disclosed system.
Applicant’s argument relies on importing a limitation that the monitoring unit must “a separate, add-on device…without replacing the meter” – the claim does not require physical separation as argued. Claim 1 does not require a physically distinct standalone unit, or that the existing meter remain unchanged. Instead under broadest reasonable interpretation, the “monitoring unit” reads on any structure or functionality capable of performing the claimed coupling and monitoring roles, including integrated or partially integrated systems.
Applicant asserts that the monitoring unit must be physically inserted between the panel and meter. However, the claim recites “electrically disposed between”, which under BRI includes:
Functional placement within the electrical path, not necessarily
A discrete physical module within the electrical path, no necessarily
A discrete physical module inserted between two existing components
Karlgaard’s system is positioned within the electrical pathway between supply/meter and downstream panel, thereby satisfying the claimed relationship.
Karlgaard’s system inherently includes:
Electrical connections within the service infrastructure, and
Monitoring/communication interfaces associated with the meter
The claimed first and second coupling means are expressly or inherently disclosed.
For the reasons above, Karlgaard discloses or renders obvious all limitations of claim 1, under broadest reasonable interpretation. Applicant’s arguments are not commensurate with the scope of the claims and are therefore unpersuasive. Accordingly, the rejections of claims 1-7 are maintained.
Allowable Subject Matter
Claims 8, 10-12 and 22-34 are allowed.
With respect to claim 8, the prior art fails to teach in combination with the rest of the limitations in the claim: "wherein the monitoring unit comprises a service hatch, the service hatch being actuatable to expose the disconnect mechanism, the disconnect mechanism being configured to translate relative to the service hatch to electrically uncouple the circuitry of the monitoring unit from the panel assembly."
With respect to claim 10, the prior art fails to teach in combination with the rest of the limitations in the claim: "wherein the monitoring unit comprises a plurality of communication interfaces configured to serve as an access point for a plurality of distributed energy resources associated with the structure, the monitoring unit being configured to at least one of partially monitor and control functionality of a given distributed energy resource of the plurality of distributed energy resources that is utilizing the monitoring unit as an access point."
With respect to claim 22, the prior art fails to teach in combination with the rest of the limitations in the claim: "a modular energy intelligence unit (MEIU) configured for electrical coupling to the panel assembly and to an electric service meter such that the MEIU may be electrically disposed between the panel assembly and the electric service meter; a plurality of communication interfaces coupled to the MEIU and configured to serve as an access point for the one or more distributed energy resources, the MEIU being configured to at least partially control functionality of the one or more distributed energy resources that is utilizing the MEIU as an access point; and a measurement unit coupled to the MEIU and configured to measure a plurality of electrical values associated with the panel assembly or the structure."
With respect to claim 27, the prior art fails to teach in combination with the rest of the limitations in the claim: "a monitoring unit configured for electrical coupling to the panel assembly and to an electric service meter such that the monitoring unit may be electrically disposed between the panel assembly and the electric service meter, the monitoring unit further comprising a first cable connection; and a meter cap having a second cable connection configured for electrical coupling to the first cable connection, the meter cap being configured to cover the monitoring unit and comprising at least one modular component configured for replacement in the field, the at least modular component comprising at least one of a display module, an optical interface module, a user interface module and a relay configured to remotely disconnect the electrical service at the structure."
Claims 11 and 12 are allowable due to their dependencies on claim 10; claims 23, 25 and 26 are allowable due to its dependency on claim 22; claim 24 is allowable due to its dependency on claim 23; claims 28 and 29 are allowable due to their dependencies on claim 27; claims 30-32 are allowable due to their dependencies on claim 8; claims 33 and 34 are allowable due to its dependency on claim 10.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 9 and 13-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karlguard et al. (U.S. Publication No. 2022/0244076 A1).
With respect to claim 1, Karlguard et al. discloses an apparatus comprising a monitoring unit configured to be electrically disposed between a panel assembly of a structure and an electric service meter for the structure (para 0031, lines 1-8), the monitoring unit comprising first means for electrical coupling to the panel assembly and second means for electronically coupling to the electric service meter [106] (see Fig. 1; para 0031, lines 1-8).
With respect to claim 2, Karlguard et al. discloses the apparatus of claim 1, wherein the first means comprises a plurality of blades configured for insertion into a plurality of jaws of the panel assembly to electrically couple the monitoring unit (see meter 106 and grid panel 108 with circuit breaker 202; para 0032, lines 1-5) to the panel assembly and the second means comprises a meter socket having a plurality of jaws configured to receive a plurality of blades in the electric service meter (see meter 106 shown in Fig. 1).
With respect to claim 3, Karlguard et al. discloses the apparatus of claim 2, wherein the monitoring unit comprises a neutral blade configured for insertion into a neutral jaw of the panel assembly (elements 106 and 108 shown in Fig. 1).
With respect to claim 4, Karlguard et al. discloses the apparatus of claim 2, wherein the monitoring unit comprises a leader line extending along a surface of the monitoring unit (para 0031, lines 1-5; meter 106 shown in Fig. 1), the leader line comprising a connector configured to couple to a lead wire (para 0053, lines 1-7), the lead wire being configured for attachment to a portion of the panel assembly corresponding to a neutral jaw (see meter 106 shown in Fig. 1).
With respect to claim 5, Karlguard et al. discloses the apparatus of claim 1, wherein the monitoring unit comprises a disconnect mechanism configured to electrically uncouple circuitry of the monitoring unit from the panel assembly (para 0031, lines 1-8).
With respect to claim 6, Karlguard et al. discloses the apparatus of claim 5, wherein the disconnect mechanism is configured to electrically uncouple the circuitry of the monitoring unit without disconnecting power to the structure (para 0031, lines 1-8).
With respect to claim 7, Karlguard et al. discloses the apparatus of claim 5, wherein the disconnect mechanism comprises at least one fuse that is electrically interposed between the circuitry of the monitoring system and the panel assembly (see meter 106 shown in Fig. 1; para 0031, lines 1-8).
With respect to claim 9, Karlguard et al. discloses the apparatus of claim 5, wherein the disconnect mechanism is at least partially removable from the monitoring unit to expose at least one other component of the monitoring unit (para 0031, lines 1-8), the at least one other component being removable from the monitoring unit when the disconnect mechanism is at least partially removed from the monitoring unit (para 0032, lines 1-7).
With respect to claim 13, Kalguard et al. discloses the apparatus of claim 1, wherein the monitoring unit comprises an expansion interface component configured to couple to a modular daughter board configured to extend a functionality of the monitoring unit (para 0031, lines 1-8).
With respect to claim 14, Kalguard et al. discloses the apparatus of claim 13, wherein the monitoring unit is coupled to a cellular modem daughter-card configured to provide a connection between the monitoring unit to an electrical utility system (para 0026, lines 1-13).
With respect to claim 15, Kalguard et al. discloses the apparatus of claim 1, wherein the monitoring unit comprises a first cable connection configured for electrical coupling to a second cable connection in a meter cap (see meter 106 and module 132 shown in Fig. 1), the meter cap comprising at least one modular component that is configured for replacement in the field (para 0026, lines 1-7).
With respect to claim 16, Kalguard et al. discloses the apparatus of claim 1, wherein the monitoring unit comprises an actuatable service hatch (para 0031, lines 1-8).
With respect to claim 17, Kalguard et al. discloses the apparatus of claim 16, wherein the service hatch is actuatable to expose a connection for a fiber or ethernet line (para 0078, lines 1-9), the connection being accessible when the monitoring unit is coupled to the panel assembly to connect a fiber or ethernet line to the monitoring unit (para 0079, lines 1-9).
With respect to claim 18, The apparatus of claim 16, wherein the service hatch is actuatable to expose a power backup component of the monitoring unit (para 0079, lines 1-7), the power backup component being configured to supply power to the monitoring unit in a case where the monitoring unit is not receiving power from the panel assembly while electrically coupled to the panel assembly (para 0031, lines 1-8).
With respect to claim 19, Kalguard et al. discloses the apparatus of claim 16 wherein the service hatch provides power for an external device (para 0026, lines 1-7).
With respect to claim 20, Kalguard et al. discloses the apparatus of claim 1 wherein the monitoring unit comprises a measurement unit configured to measure a plurality of electrical values associated with the panel assembly or the structure (para 0079, lines 1-7).
With respect to claim 21, Kalguard et al. discloses the apparatus of claim 20 wherein the measurement unit is configured to detect power quality events based on the measured electrical values and to store or transmit detected power quality events to a reporting system (para 0026, lines 1-7).
With respect to claim 30, Kalguard et al. discloses the apparatus of claim 8, wherein the disconnect mechanism is configured to electrically uncouple the circuitry of the monitoring unit without disconnecting power to the structure (para 0032, lines 1-7).
With respect to claim 31, Kalguard et al. discloses the apparatus of claim 8, wherein the service hatch is actuatable to expose a connection for a fiber or ethernet line (para 0078, lines 1-9), the connection being accessible when the monitoring unit is coupled to the panel assembly to connect a fiber or ethernet line to the monitoring unit (para 0079, lines 1-9).
With respect to claim 32, Kalguard et al. discloses the apparatus of claim 8, wherein the service hatch is actuatable to expose a power backup component of the monitoring unit (para 0079, lines 1-7), the power backup component being configured to supply power to the monitoring unit in a case where the monitoring unit is not receiving power from the panel assembly while electrically coupled to the panel assembly (para 0026, lines 1-7).
With respect to claim 33, Kalguard et al. discloses the apparatus of claim 10, wherein the measurement unit is configured to detect power quality events based on the measured electrical values and to store or transmit detected power quality events to a reporting system (para 0026, lines 1-7).
With respect to claim 34, Kalguard et al. discloses the apparatus of claim 10, wherein the measurement unit comprises a software agent configured to detect power quality events based on the measured electrical values and to control functionality of a given distributed energy resource of the plurality of distributed energy resources based on detected power quality events (para 0026, lines 1-7).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA AKHTER HOQUE whose telephone number is (571)270-7543. The examiner can normally be reached Monday-Friday, 7:30am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eman A Alkafawi can be reached at 571-272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FARHANA A HOQUE/ Primary Examiner, Art Unit 2858
Prosecution Insights